Phased Retirement Program

As outlined in the Collective Bargaining Agreement 2004-2007 Article 24.6

24.6 Phased Retirement Program

A. Eligibility

(1)  Employees who have accrued at least 6 years of creditable service in the Florida or Teachers Retirement System (FRS, TRS) or Optional Retirement Program (ORP), except those employees referenced in Article 24.6(A) (2), are eligible to participate in the Phased Retirement Program. Such eligibility shall expire on the employee’s 63^rd birthday. Employees who decide to participate must provide written notice to the University of such decision prior to the expiration of their eligibility, or thereafter forfeit such eligibility.  Employees who choose to participate must retire with an effective date not later than 180 days, nor less than 90 days, after they submit such written notice, except when the end of this 180 days period falls within a semester, the period may be extended to no later than the beginning of the subsequent term (semester or summer, as appropriate)

(2)  Employees not eligible to participate in the Phased Retirement Program include those who have received notice of non-reappointment, layoff, or termination and those who participate in the Deferred Retirement Option Program (DROP).

B. Program Provisions

(1) All participants must retire and thereby relinquish all rights to tenure as described in Article 15, Tenure, except as stated otherwise in this Article. Participants’ retirement benefits shall be determined as provided under the Florida Statutes and the regulations of the Division of Retirement.

(2) Participants shall receive payment for any unused annual and sick leave to which they are entitled.

(3) Reemployment

a.   Prior to reemployment, participants of the Phased Retirement Program must remain off the University payroll for 1 calendar month following the effective date of retirement in order to validate their retirement, as required by the Florida Division of Retirement. Participants must comply with the reemployment limitations that apply to the second through the twelfth month of retirement, pursuant to the provisions of either the FRS, TRS, or ORP, as appropriate.

b.   Participants shall be offered reemployment, in writing, by the University under an Other Personnel Services (OPS) contract (NOTE: exceptions to this provision are described in Article 24.6(B) (13) below for one-half of the academic year, however, the University and employee may agree to less than one-half of the academic year. The written reemployment offer shall contain the text of Article 26.4(B)(3)d below.

c.   Compensation during the period of reemployment shall be at a salary proportional to the participant’s salary prior to retirement, including an amount comparable to the pre-retirement employer contribution for health and life insurance and an allowance for any taxes associated with this amount. The assignment shall be scheduled within 1 semester unless the participant and the University agree otherwise, beginning with the academic year next following the date of retirement and subject to the condition outlined in Article 24.6(B)(3)a above.

     (4). Leave for Illness/Injury

a.   Each participant shall be credited with 5 days of leave with pay at the beginning of each full-time semester appointment. For less than full-time appointments, the leave shall be credited on a pro-rata basis with the assigned FTE. The leave is to be used in increments of not less than 4 hours when the participant is unable to perform assigned duties as a result of illness or injury of the participant or a member of the participant’s immediate family. For the purposes of this Section, immediate family shall include the participant’s spouse, mother, father, brother, sister, natural, adopted, or step child, or other relative living in the participant’s household.

b.   Such leave may be accumulated; however, upon termination of the post-retirement reemployment period, the participant shall not be reimbursed for the unused leave.

    (5). Personal Non-Medical Leave

a.   Each participant who was on a 12 month appointment upon entering the Phased Retirement Program and whose assignment during the period of reemployment is the same as that during the 12 month appointment shall be credited with 5 days of leave with pay at the beginning of each full-time semester appointment. This leave is to be used in increments of not less than 4 hours for personal reasons unrelated to illness or injury. Except in the case of emergency, the employee shall provide at least 2 days notice of the intended leave. Approval of the dates on which the employee wishes to take such leave shall be at the discretion of the supervisor and shall be subject to the consideration of departmental and organizational scheduling.

b.   Such leave shall not be accumulated, nor shall the participant be reimbursed for unused leave upon termination of the post-retirement period.

   (6). Reemployment Period

a.   The period of reemployment obligation shall extend over 5 consecutive academic years, beginning with the academic year next following the date of retirement. No further notice of cessation of employment is required.

b.   The period of reemployment obligation shall not be shortened by the University, except under the provisions of Article 16 of the Agreement. During the period of reemployment, participants are to be treated, based on status at the point of retirement, as tenured employees or non-tenure earning employees with 5 or more years of continuous service, as appropriate, for purposes of Articles 13.2(A) and 13.2(B) of the Agreement.

     (7). Declining Reemployment

A participant may decline an offer of reemployment during any academic year. Such a decision shall not extend the period of re-employment beyond the period described in Article 24.6(B)(5)b above.  At the conclusion of the reemployment period, the University may, at its option, continue to reemploy participants in this program on a year-to-year basis.

     (8). Salary Increases

Participants shall receive all increases guaranteed to employees in established positions, in an amount proportional to their part time appointment, and shall be eligible for non-guaranteed salary increases on the same basis as other employees.

     (9). Preservation of Rights

Participants shall retain all rights, privileges, and benefits of employment, as provided in laws, regulations, the USF/UFF Agreement, and University policies, subject to the conditions contained in this Article.

    (10). Payroll Deductions

The UFF payroll deductions, as specified in Article 25, if applicable, shall be continued for a program participant during each re-employment period, upon request of the employee.

    (11). Contracts and Grants

Nothing shall prevent the employer or the participant, consistent with law and rule, from supplementing the participant’s employment with contracts or grants.

    (12). Irrevocable.

The employee’s decision to participate in the Phased Retirement Program and to resign the employee’s established position is irrevocable after the required approval document has been executed by all parties.

   (13). OPS Exception

The provisions for reemployment on an OPS contract are in effect only for new Phased Retirement Program participants whose initial reemployment occurs during the 1992-93 academic year or thereafter.

C. Phased Retirement Program Information Document.  The parties agree to jointly develop written information describing the current provisions of the Phased Retirement Program in this Agreement.

University of South Florida Phased Retirement Program Agreement